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I own a print shop. People often want images printed that they do not own the rights to. I have always assumed that it falls under commissioned work and the risk is assumed by the commissioner of the print job, not the printer. If I advertised selling prints of images I dont own, I see where that is a problem, but these are one off custom jobs. What is the legality of this and where can I find it in writing? I am in California
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May 17, 2014 18:34
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| # ? Jun 3, 2024 15:26 |
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What can I do to try and turn property damage done to a rental house into a criminal rather than civil charge. Ergo, how do I help ensure it appears to be criminal mischief done by the tenant and have the state prosecute it?
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May 17, 2014 18:44
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Nf3 posted:What can I do to try and turn property damage done to a rental house into a criminal rather than civil charge. Ergo, how do I help ensure it appears to be criminal mischief done by the tenant and have the state prosecute it?
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May 17, 2014 20:50
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blarzgh posted:Its a weird situation for sure. The one thing I would worry about is lying to the dispatcher about the reason the person is in your house. I can't imagine the cops would be too happy with you if they get called out there to remove a trespasser and the guy explains that he is a guest of the third roommate. If that third roommate isn't there to corroborate the story though, the cop's most likely going to side with the tenant though. Or just kill everyone and plant drugs on them, whichever is easier for the cop. Also, you don't have to lie to the dispatcher: "Someone is in my house that isn't a resident and I asked them to leave but they won't and I need help".
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May 19, 2014 17:30
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I'm in Maine, and I had a CNA at my mother's nursing home get physically violent with me a couple days ago. I was getting an ice cream cup for my mother's lunch out of this kitchenette that's off to the side of the nursing station and carries little stuff (condiments etc.) for residents' meals; it has a "staff only" sign on the door, but I had been directed by several staff members just to ignore it and to go in if Mom needs something. I've been doing so if needed for months (as have other residents' family members), and there hasn't been a problem. Anyhow, when I came out this time, this CNA walked toward me, pointing toward the sign and shouting, "Can't you read!?". I started explaining, but she walked to another employee at the nursing station to kind of shout incoherently about me for a couple moments - then she walked back toward me, grabbed me by the elbows (my arms were crossed), and began shaking and shoving me. She had to be physically removed by another employee. I immediately went to the head charge nurse and informed her of what had occurred; I also left a message on the director's voicemail detailing the incident. I visited the director today to follow up, but I'm not encouraged by the response. He (and another senior-level employee) listened to my account, but their focus seemed to be on my going in the kitchenette, not on the CNA grabbing and shoving me. I mentioned that if I wasn't to go in the kitchenette anymore, there were better ways of informing me of it than shoving etc., and that nothing excused an employee getting outright violent with me. I was then told that the CNA and the other employees who were present had, when asked, put in reports claiming a bunch of contradictory, made-up stuff: that I "had my hands up" in a way the employee thought was maybe aggressive; that no altercation took place at all; that she did nothing and I did everything. I pointed out that these stories don't match up at all and that, given the overblown response taking an ice cream from the kitchenette to my mother prompted, if I had acted in any of the various manners the other employees were claiming, they certainly would've done a whole lot more in response - police involvement, say. I get the distinct sense, though, that the higher-ups are planning to just dismiss the whole thing as "well, everyone has a different story, so who knows *what* happened." (I asked if there was security camera footage that could be checked, but no, apparently.) I stopped by the local police department and spoke with a desk officer for advice; he mentioned filing a formal complaint, of course, but also thought that contacting the state's long-term-care ombudsman might be a good idea. (He also took an informational report on the incident.) I don't want to have an outright adversarial relationship with the staff at my mother's nursing home, but it disturbs me that the administration is so blase about what happened, and, though this CNA doesn't work on my mother's wing, I really don't like that she's near this woman who just flew off the handle so suddenly. I did call up the ombudsman, and was directed instead to the licensing bureau; I gave my account, and they said they'd have someone call me back. I'm still at a loss as to what to do in this situation, though. It probably is time to start looking into moving my mother to another home, but that's not possible in the immediate short-term. To be honest, I'm also worried that the CNA will try to go to the police with one of the various stories that've been concocted and try to have *me* arrested. I don't really want to file a formal complaint, and I don't even know if it'll do any good, but I don't know what the best way is to protect myself and, if possible, get some follow-through on the CNA's actions.
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May 19, 2014 23:20
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I'm not sure what you're asking, but you probably gave too much details for the goon lawyers to get involved.
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May 20, 2014 00:03
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As a neutral person that has no love for nursing homes... It's your fault and you were wrong. Look at it this way: staff at nursing homes deal with crazy people. Not you, but like literally psychos that steal from old people, beat them, etc. If you have 100 visitors at a nursing home, you'll get a small handful of psychopaths that would actually kill people if security weren't present. It's just the way it is. So this nurse sees some one that went beyond a staff barrier, and then apparently refused to move. She reasonably believes you are a nutter that presents a danger to others. Her raising hell was appropriate. The nurse should have handled it better, she should not have put her hands on you. She should have called security to escort you out with a 50% chance of you getting tazed or pepper-sprayed. A judge or licensing board will prioritize the health and welfare of patients (meaning observant security) over a your personal space. [In other words: do you want your nursing home staff to be lax about whoever comes and goes where? Or do you want them to cut a bitch if a weirdo tries to hurt your mother? The nurse was giving you the mother bear reaction of some one acting out of place... that's not a bad thing. You want that nurse manning the wall] woozle wuzzle fucked around with this message at 00:38 on May 20, 2014 |
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May 20, 2014 00:30
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Maybe try and get a neutral mediator and talk it out with the CNA you had the altercation with. It is a misunderstanding, and probably best for everyone involved to not go to court and create bitterness.
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May 20, 2014 00:58
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I have a question about a dog we adpoted State of CA Signed an adoption agreement agreeing we would never surrender the dog to anyone else other than the rescue we got it from. After multiple weeks of training, we are unable to get the dog to co-habitate with our resident cat. In addition, the dog snapped at our 1 year old this last weekend (which is not the dogs fault) but we've determined its not a smart idea to keep the dog at this time. Our trainer, suggested by the rescue, agreed, as did the dog walker we hired who has experience working in shelters and with rescues. So we contacted the dogs original foster, she tells us to contact the head of the rescue because she can't take her back. She will not provide a phone number for the head of the rescue because she doesn't like her phone number given out. Suggests we try email. Email the head of the rescue, she says she will work on finding a replacement home, but will now not respond with a timeline or with updates. Meanwhile, our dog walker person wants to help us find a foster through one of her other rescue groups, as she doesn't feel based on her interaction that the dog was properly homed with us and trained in the past (due to the cat issues, energy issues, and her view of the temprament of the dog.) Questions I have 1. At what point have we made sufficient effort to return the dog if they tell us they are looking to re-home her but give us no timeline and do not respond to requests for status updates? 2. If we re-home the dog through another rescue at the advice of our dog-walker/animal professional volunteer person I'm sure they can argue with us about giving the dog away but can't we argue that we made a reasonable decision based on the situation and their lack of contact? 3. Even if we breach this agreement, they have no monetary damages, we donated to adopt the dog and they gave us no supplies, we bought everything. Can they do anything about it? I know they can probably sue us, but whats our liability? Thanks in advance, just looking out so my kid doesn't get bit and the cat or dog don't get hurt and want to put the dog into a good home.
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May 21, 2014 21:23
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Places that do adoption agreements like that are super frustrating. If it was me? Because gently caress The Man? I'd home the dog wherever I felt it was a good home, and cease all contact with the place you go the dog. When they decide to ping you in six months asking what you did, tell them you had to euth the dog and they should have been more responsive if they wanted to be the only place that could take the dog. All they're trying to do is maintain some sort of control over your dog while not shouldering any responsibility, it's SUPER common. If they think the dog is dead, they'll be pissed and you'll never be able to adopt from them again but seriously, you didn't want to anyhow. This is not legal advice, but it is, imho, practical advice.
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May 21, 2014 22:02
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There really is no liability. They can ban from using their services again. They can maybe sue you to recover the dog. But unless you were somehow leasing the dog, you owned it. They can't sue you for anything. Maybe there is a clause in the contract that creates liability and has liquidated damages, but i doubt it. They'll probably be pissed at you, and I wouldn't try to adopt from them again, but even if they sue you, they don't really have a case for any damages.
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May 21, 2014 22:10
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It depends on the text of the agreement, but my best guess would be that the agreement is probably unenforceable, and the chance of this being taken to court is almost nil. Pets are covered under property law, and any contract that gives the previous owner any rights at all after the property is transferred needs to be written in a very specific way to be enforceable. If they didn't engage a lawyer I seriously doubt they got it right. If you want to be extra safe, send a certified letter with return receipt requested to the legal address of the rescue stating that you wish to surrender the dog and that they need to take possession within a specific timeframe. If they don't respond, then you've made a good faith effort and documented it. If they respond but won't commit to a specific date to take possession, respond by stating that they need to take possession by a specific date or you will act as if they refused to do so.
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May 21, 2014 22:17
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Unless CA has some weirdo hippy dog law, legally the dog is just personal property. Restrictions on resale cannot be placed on personal property for after transfer. If I sell you a 1997 Ford Taurus, box of dildos, or a dog, I cannot put restrictions on anything that happens after I sell it. Generally, restrictions on resale in a contract are null and void. Some nerd could probably cite UCC on this. You're doing the right thing. Even in the extremely unlikely event something came of it, no judge on the planet will question getting rid of a dog that snapped once with an infant at home.
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May 21, 2014 23:47
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Thanks for all the advice, this is all what I figured but wanted some other opinions besides mine. I like the certified letter with deadline idea, there is an adress in the agreement for correspondence. There is wording that the dog is their property and they retain superior title but I doubt they will fight and if they do I just want to make sure my ducks are in a row. No provisions for any liquidated damages in the contract. We aren't being stupid about it, the dog is either outside or in a crate in a closed off room of the house unless the baby is in a crib or not home, which sucks for the dog (technically we are breaking their Nazi agreement by letting the dog outside alone). We are willing to give then the same amount of time we give our dog wakeker to find a foster, there already should have a head start, and we won't leave the dog on the street to die, just not going to live like this indefinitely
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May 22, 2014 01:46
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Protip: don't adopt a dog from insane people.
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May 22, 2014 01:47
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zonacat posted:There is wording that the dog is their property and they retain superior title but I doubt they will fight and if they do I just want to make sure my ducks are in a row.  What the gently caress is this poo poo, why did you sign that?
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May 22, 2014 01:50
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Send them an invoice for the cost of boarding their dog in your yard.
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May 22, 2014 01:52
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IANAL but please post the text of your crazy dog agreement.
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May 22, 2014 03:56
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show up at their place of business with the dog and a bill of sale for $1.00 Tell them they either sell you the renta-dog free and clear, or you're leaving it there.
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May 22, 2014 04:03
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Put a lien against the dog for the cost of food. Maybe you'll luck out and Bank of America will see the filing and foreclose on the dog as part of their "foreclose on random properties" initiative.
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May 22, 2014 04:07
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blarzgh posted:show up at their place of business with the dog and a bill of sale for $1.00 I really like this idea. My vote is this one.
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May 22, 2014 04:36
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During a men's recreational soccer league game I was deliberately headbutted in the nose while involved in an altercation with another player during a stoppage in play. I did not hit the guy and walked away afterwards, the incident was written up by the sports complex but I have not pressed formal charges. If the nose is broken like I suspect and needs to be re-set can I file a lawsuit to recover any medical expenses? I am located in Illinois.
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May 22, 2014 04:59
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Pheel posted:During a men's recreational soccer league game I was deliberately headbutted in the nose while involved in an altercation with another player during a stoppage in play. I did not hit the guy and walked away afterwards, the incident was written up by the sports complex but I have not pressed formal charges. If the nose is broken like I suspect and needs to be re-set can I file a lawsuit to recover any medical expenses? Probably. The important question is going to be liability. A local attorney can tell you for sure.
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May 22, 2014 05:06
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Pheel posted:During a men's recreational soccer league game I was deliberately headbutted in the nose while involved in an altercation with another player during a stoppage in play. I did not hit the guy and walked away afterwards, the incident was written up by the sports complex but I have not pressed formal charges. If the nose is broken like I suspect and needs to be re-set can I file a lawsuit to recover any medical expenses? The sooner you get proof of medical treatment the better your odds of recovery if you file suit.
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May 22, 2014 05:32
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blarzgh posted:show up at their place of business with the dog and a bill of sale for $1.00 I just can't believe they set up a dog rental agreement.
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May 22, 2014 13:43
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I started to make a post making fun of the dog-lease, but then it occurred to me that people sort of do this with horses all the time, don't they? I am pretty sure we had someone come through who's mother had leased out their horse and the horse-renter had treated it poorly. Maybe you should contact a cowboy lawyer, they might have a good handle on the whole horse-lease arrangement that might be applicable to dogs.
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May 22, 2014 14:14
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Ashcans posted:I started to make a post making fun of the dog-lease, but then it occurred to me that people sort of do this with horses all the time, don't they? I am pretty sure we had someone come through who's mother had leased out their horse and the horse-renter had treated it poorly. I'm pretty sure actual leases different than this nonsense you bought and own the dog but we still want a say so bullshit? I know people / rent dogs for breeding purposes, but that isn't at all what the OP was talking about. He's talking about a bullshit shelter that wants some authoritative control of property after selling it.
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May 22, 2014 14:16
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It's not property, it's a precious snowflake furbaby and if you don't coddle it properly according to the shelter's will it will literally die of sadness.
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May 22, 2014 14:19
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Bad Munki posted:It's not property, it's a precious snowflake furbaby and if you don't coddle it properly according to the shelter's will it will literally die of sadness. You must be lost, here let me help http://forums.somethingawful.com/forumdisplay.php?forumid=124
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May 22, 2014 14:22
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Ashcans posted:I started to make a post making fun of the dog-lease, but then it occurred to me that people sort of do this with horses all the time, don't they? I am pretty sure we had someone come through who's mother had leased out their horse and the horse-renter had treated it poorly. Usually horse leasing means you pay x amount of money to be able to ride the horse on certain days of the month. I lease my horse to a girl who rides every Tuesday-Thursday if she likes since she lives in the city now but still wants to ride.
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May 22, 2014 15:39
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Bad Munki posted:It's not property, it's a precious snowflake furbaby and if you don't coddle it properly according to the shelter's will it will literally die of sadness. Horse people and Dog Rescue people are straight up the most unreasonable and unrealistic people when it comes to legal matters. Not joking.
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May 22, 2014 16:16
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Yyyyyyyyup.
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May 22, 2014 16:18
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blarzgh posted:Horse people and Dog Rescue people are straight up the most unreasonable and unrealistic people when it comes to legal matters. Not joking. There are some horse rescue places that are as bad as adoption agencies. And even then, the horse ends up less 'yours' than a child.
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May 22, 2014 16:36
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Living in LA, the dog / shelter culture is absurd. I totally dig the idea of "no kill" shelters and making sure adopters aren't crazy, but when our city has a homeless population of 50,000 people it seems a little misplaced how people lose their poo poo over perceived mistreatment of animals. Add to that the abused fighting / guard animals who "only need extra love" (false) and this place is hosed, animal wise. I say that as the owner of a fuzzball myself.
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May 22, 2014 17:02
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blarzgh posted:Horse people and Dog Rescue people are straight up the most unreasonable and unrealistic people when it comes to legal matters. Not joking. I think this is PETA's end game. Make pet ownership such a pain in the rear end that no one wants to enslave a non-human citizen of mother earth.
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May 22, 2014 19:01
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PETA just straight-up wants stray animals put down and is pro-kill shelter.
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May 22, 2014 19:22
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The "must return it to us" clause is very common with animal adoptions and probably only doesn't get challenged because a non-poo poo rescue will keep up their end, especially if the dog is snapping at kids.
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May 22, 2014 19:49
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blarzgh posted:Horse people and Dog Rescue people are straight up the most unreasonable and unrealistic people when it comes to legal matters. Not joking.
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May 22, 2014 22:41
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Pheel posted:During a men's recreational soccer league game I was deliberately headbutted in the nose while involved in an altercation with another player during a stoppage in play. I did not hit the guy and walked away afterwards, the incident was written up by the sports complex but I have not pressed formal charges. If the nose is broken like I suspect and needs to be re-set can I file a lawsuit to recover any medical expenses? Good luck. You can certainly file a lawsuit against this guy for headbutting you and attempt to get damages for it but you will have a lot of hurdles to cover. First, in sports there is an assumed risk while playing the game, so you must prove that it was intentional vs something that happens every now and then while playing the sports. Second, if you can prove that he deliberately headbutted you, this is considered an intentional tort which his insurance does not cover (assuming he has some sort of homeowners insurance), so you would have to sue and collect from this dude. Even if the Judge awarded you $100,000 for whatever you would then actually have to collect it; if this dude works at Walmart you will never receive a penny from him. Unless your medical bills are tens of thousands of dollars, chances are it isn't worth it.
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May 23, 2014 08:49
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| # ? Jun 3, 2024 15:26 |
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Yep, congratulations, you just got Rockied https://www.youtube.com/watch?v=Vu7i5wxVXQ0&t=235s
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May 23, 2014 18:00
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